Justia Federal District Court Opinions

Appellant Donna Guziejka was laid off by the Town of Dracut Police Department, bypassed several times by other Massachusetts police departments, then rehired by the Town of Dracut. She attempted to file complaints with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission, but was told by both agencies that the limitations period had expired. Nearly two years later, she brought this action against defendants claiming that they discriminated against her in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1983, 42 U.S.C. § 2000e-2, and Massachusetts statutory and criminal law by failing to hire her as a police officer. The defendants moved to dismiss the complaint for failure to state a claim upon which relief may be granted. The district court dismissed her federal and statutory claims and remanded the state common law claims to the Massachusetts Superior Court. After carefully reviewing the briefs, the complaint, and the district court order, we affirm the district court's dismissal of Guziejka's federal and state statutory claims and the remand of her state common law claims for substantially the reasons set forth by the district court in its Memorandum of Decision, dated December 8, 1995.